Elizabeth H. and Albert B. Turner - Page 5

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               Respondent disallowed all of the unreimbursed employee                 
          business expenses on the basis that petitioner was not away from            
          her tax home when she incurred the expenses.                                
               Deductions are a matter of legislative grace.  New Colonial            
          Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  Petitioners bear           
          the burden to prove that respondent's determination is incorrect.           
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
               Section 262 specifically disallows the deduction of personal           
          living expenses.  However, section 162(a)(2) permits a deduction            
          for traveling expenses (including meals and lodging) incurred               
          while away from home in the pursuit of a trade or business.  To             
          qualify for this deduction, three conditions must be satisfied:             
          (1) The expense must be a reasonable and necessary traveling                
          expense; (2) the expense must be incurred while away from home;             
          and (3) the expense must be incurred in pursuit of business.                
          Commissioner v. Flowers, 326 U.S. 465, 470 (1946).  The                     
          determination of whether these conditions have been met is a                
          question of fact.  Commissioner v. Flowers, supra at 470.                   
               This Court has held that a taxpayer's home for purposes of             
          section 162(a)(2) is the vicinity of the taxpayer's principal               
          place of employment and not where his or her personal residence             
          may be located.  Mitchell v. Commissioner, 74 T.C. 578, 581                 
          (1980); Kroll v. Commissioner, 49 T.C. 557, 561-562 (1968).  An             
          exception exists when a taxpayer accepts employment away from               





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